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House
File
239
-
Introduced
HOUSE
FILE
239
BY
THOMSON
,
ANDREWS
,
HAYES
,
HENDERSON
,
SHIPLEY
,
DIEKEN
,
GOLDING
,
GERHOLD
,
JENEARY
,
CISNEROS
,
FETT
,
HOLT
,
and
WENGRYN
A
BILL
FOR
An
Act
relating
to
the
office
of
the
consumer
advocate.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
8A.461,
subsection
1,
Code
2025,
is
1
amended
to
read
as
follows:
2
1.
Unless
otherwise
provided
by
law,
the
governor
shall
3
establish
a
salary
for
nonelected
persons
appointed
by
the
4
governor
within
the
executive
branch
of
state
government.
5
In
establishing
a
salary
for
a
person
holding
a
position
6
enumerated
in
subsection
3
within
the
range
provided,
the
7
governor
may
consider,
among
other
items,
the
experience
of
8
the
person
in
the
position,
changes
in
the
duties
of
the
9
position,
the
incumbent’s
performance
of
assigned
duties,
10
and
subordinates’
salaries.
However,
the
attorney
general
11
shall
establish
the
salary
of
the
consumer
advocate,
the
12
chief
justice
of
the
supreme
court
shall
establish
the
salary
13
of
the
state
court
administrator,
the
ethics
and
campaign
14
disclosure
board
shall
establish
the
salary
of
the
executive
15
director,
the
Iowa
public
information
board
shall
establish
16
the
salary
of
the
executive
director,
the
board
of
regents
17
shall
establish
the
salary
of
the
executive
director,
and
the
18
Iowa
public
broadcasting
board
shall
establish
the
salary
of
19
the
administrator
of
the
public
broadcasting
division
of
the
20
department
of
education,
each
within
the
salary
range
provided
21
in
subsection
3
.
22
Sec.
2.
Section
12.91,
subsection
1,
paragraph
b,
Code
2025,
23
is
amended
to
read
as
follows:
24
b.
“Chargeable
expenses”
means
expenses
charged
by
the
25
utilities
commission
and
the
office
of
the
consumer
advocate
26
division
of
the
department
of
justice
under
section
476.10
.
27
Sec.
3.
Section
475A.1,
subsection
1,
Code
2025,
is
amended
28
to
read
as
follows:
29
1.
Appointment.
The
attorney
general
governor
shall
30
appoint
the
consumer
advocate
from
among
a
list
of
three
31
candidates
submitted
by
a
committee
consisting
of
the
secretary
32
of
agriculture,
the
auditor
of
state,
and
the
treasurer
of
33
state
,
who
shall
serve
at
the
pleasure
of
the
attorney
general,
34
subject
to
confirmation
by
the
senate,
no
less
frequently
than
35
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once
every
four
years,
in
accordance
with
section
2.32
who
1
shall
serve
a
term
of
five
years
.
The
consumer
advocate
is
2
the
chief
administrator
of
the
office
of
the
consumer
advocate
3
division
of
the
department
of
justice
.
4
Sec.
4.
Section
475A.1,
Code
2025,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
5.
Reporting.
The
consumer
advocate
shall
7
regularly
report
to
a
committee
consisting
of
the
secretary
of
8
agriculture,
the
auditor
of
state,
and
the
treasurer
of
state,
9
regarding
the
activities
of
the
consumer
advocate.
10
Sec.
5.
Section
475A.3,
Code
2025,
is
amended
to
read
as
11
follows:
12
475A.3
Office
——
employees
——
expenses.
13
1.
Office.
The
office
of
consumer
advocate
shall
be
14
a
separate
division
of
the
department
of
justice
and
an
15
independent
agency
located
at
the
same
location
as
the
16
utilities
commission.
Administrative
support
services
may
be
17
provided
to
the
office
of
the
consumer
advocate
division
by
the
18
utilities
commission.
19
2.
Employees.
The
attorney
general
consumer
advocate
may
20
employ
attorneys,
legal
assistants,
secretaries,
clerks,
and
21
other
employees
necessary
for
the
full
and
efficient
discharge
22
of
the
duties
and
responsibilities
of
the
office
of
the
23
consumer
advocate
division
.
The
consumer
advocate
may
employ
24
consultants
as
expert
witnesses
or
technical
advisors
pursuant
25
to
contract
as
the
consumer
advocate
finds
necessary
for
the
26
full
and
efficient
discharge
of
the
duties
of
the
office.
27
3.
Salaries,
expenses,
and
appropriation.
The
salary
of
28
the
consumer
advocate
shall
be
fixed
by
the
attorney
general
29
governor
within
the
salary
range
set
by
section
8A.461
.
The
30
salaries
of
employees
of
the
consumer
advocate
shall
be
at
31
rates
of
compensation
consistent
with
current
standards
in
32
industry.
The
reimbursement
of
expenses
for
the
employees
and
33
the
consumer
advocate
is
as
provided
by
law.
The
appropriation
34
for
the
office
of
consumer
advocate
shall
be
a
separate
line
35
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item
contained
in
the
appropriation
from
the
commerce
revolving
1
fund
created
in
section
546.12
.
2
Sec.
6.
Section
475A.6,
subsection
2,
Code
2025,
is
amended
3
to
read
as
follows:
4
2.
The
consumer
advocate
is
entitled
to
notice
and
5
opportunity
to
be
heard
in
any
utilities
commission
proceeding
6
on
objection
to
an
assessment
for
expenses
certified
by
the
7
consumer
advocate.
Expenses
assessed
under
this
section
shall
8
not
exceed
the
amount
appropriated
for
the
office
of
the
9
consumer
advocate
division
of
the
department
of
justice
.
10
Sec.
7.
Section
476.10,
subsection
1,
paragraph
a,
Code
11
2025,
is
amended
to
read
as
follows:
12
a.
In
order
to
carry
out
the
duties
imposed
upon
it
by
13
law,
the
commission
may,
at
its
discretion,
allocate
and
14
charge
directly
the
expenses
attributable
to
its
duties
to
15
the
person
bringing
a
proceeding
before
the
commission,
to
16
persons
participating
in
matters
before
the
commission,
or
17
to
persons
subject
to
inspection
by
the
commission.
The
18
commission
shall
ascertain
the
certified
expenses
incurred
and
19
directly
chargeable
by
the
office
of
the
consumer
advocate
20
division
of
the
department
of
justice
in
the
performance
of
its
21
duties.
The
commission
and
the
consumer
advocate
separately
22
may
decide
not
to
charge
expenses
to
persons
who,
without
23
expanding
the
scope
of
the
proceeding
or
matter,
intervene
24
in
good
faith
in
a
commission
proceeding
initiated
by
a
25
person
subject
to
the
commission’s
jurisdiction,
the
consumer
26
advocate,
or
the
commission
on
its
own
motion.
For
assessments
27
in
any
proceedings
or
matters
before
the
commission,
the
28
commission
and
the
consumer
advocate
separately
may
consider
29
the
financial
resources
of
the
person,
the
impact
of
assessment
30
on
participation
by
intervenors,
the
nature
of
the
proceeding
31
or
matter,
and
the
contribution
of
a
person’s
participation
to
32
the
public
interest.
The
commission
may
present
a
bill
for
33
expenses
under
this
subsection
to
the
person,
either
at
the
34
conclusion
of
a
proceeding
or
matter,
or
from
time
to
time
35
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during
its
progress.
Presentation
of
a
bill
for
expenses
under
1
this
subsection
constitutes
notice
of
direct
assessment
and
2
request
for
payment
in
accordance
with
this
section
.
3
Sec.
8.
Section
476.10,
subsection
4,
paragraphs
a
and
b,
4
Code
2025,
are
amended
to
read
as
follows:
5
a.
Fees
paid
to
the
utilities
commission
shall
be
deposited
6
in
the
commerce
revolving
fund
created
in
section
546.12
.
7
These
funds
shall
be
used
for
the
payment,
upon
appropriation
8
by
the
general
assembly,
of
the
expenses
of
the
utilities
9
commission
and
the
office
of
the
consumer
advocate
division
of
10
the
department
of
justice
.
11
b.
The
administrator
and
consumer
advocate
shall
account
12
for
receipts
and
disbursements
according
to
the
separate
duties
13
imposed
upon
the
utilities
commission
and
the
office
of
the
14
consumer
advocate
division
by
the
laws
of
this
state
and
each
15
separate
duty
shall
be
fiscally
self-sustaining.
16
Sec.
9.
Section
476.10B,
subsections
1,
2,
5,
and
7,
Code
17
2025,
are
amended
to
read
as
follows:
18
1.
For
the
purposes
of
this
section
,
“building
project
19
expenses”
means
expenses
that
have
been
approved
by
the
20
utilities
commission
for
the
building
and
related
improvements
21
and
furnishings
developed
under
this
section
and
that
are
22
considered
part
of
the
regulatory
expenses
charged
by
the
23
utilities
commission
and
the
office
of
the
consumer
advocate
24
division
of
the
department
of
justice
for
carrying
out
duties
25
under
section
476.10
.
26
2.
The
department
of
administrative
services,
in
27
consultation
with
the
utilities
commission
and
the
office
of
28
the
consumer
advocate
division
of
the
department
of
justice
,
29
shall
provide
for
the
construction
of
a
building
to
house
the
30
utilities
commission
and
the
office
of
the
consumer
advocate
31
division
of
the
department
of
justice
.
A
building
developed
32
under
this
subsection
shall
be
a
model
energy-efficient
33
building
that
may
be
used
as
a
public
example
for
similar
34
efforts.
The
building
shall
comply
with
the
life
cycle
cost
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provisions
developed
pursuant
to
section
72.5
.
The
building
1
shall
be
located
on
the
capitol
complex
grounds
or
at
another
2
convenient
location
in
the
vicinity
of
the
capitol
complex
3
grounds.
4
5.
A
cost-effective
approach
for
financing
construction
5
of
the
building
shall
be
utilized,
which
may
include
but
is
6
not
limited
to
lease,
lease-purchase,
bonding,
or
installment
7
acquisition
arrangement,
or
a
financing
arrangement
under
8
section
12.28
.
If
financing
for
the
building
is
implemented
9
under
section
12.28
,
the
limitation
on
principal
under
that
10
section
does
not
apply.
This
subsection
is
not
a
qualification
11
of
any
other
powers
which
the
utilities
commission
and
the
12
office
of
the
consumer
advocate
division
of
the
department
13
of
justice
may
possess
and
the
authorizations
and
powers
14
granted
under
this
subsection
are
not
subject
to
the
terms,
15
requirements,
or
limitations
of
any
other
provisions
of
law.
16
The
department
of
administrative
services
must
comply
with
17
the
provisions
of
section
12.28
when
entering
into
financing
18
agreements
for
the
purchase
of
real
or
personal
property.
19
7.
The
department
of
administrative
services,
in
20
consultation
with
the
utilities
commission
and
the
office
of
21
the
consumer
advocate
division
of
the
department
of
justice
,
22
shall
secure
architectural
services,
contract
for
construction,
23
engineering,
and
construction
oversight
and
management,
and
24
control
the
funding
associated
with
the
building
construction
25
and
the
building’s
operation
and
maintenance.
The
department
26
of
administrative
services
may
utilize
consultants
or
other
27
expert
assistance
to
address
feasibility,
planning,
or
other
28
considerations
connected
with
construction
of
the
building
or
29
decision
making
regarding
the
building.
The
department
of
30
administrative
services,
on
behalf
of
the
utilities
commission
31
and
the
office
of
the
consumer
advocate
division
of
the
32
department
of
justice
,
shall
consult
with
the
office
of
the
33
governor,
appropriate
legislative
bodies,
and
the
capitol
34
planning
commission.
35
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239
Sec.
10.
TRANSITION
PROVISIONS.
Notwithstanding
any
other
1
provision
of
law
to
the
contrary,
the
term
of
office
of
the
2
consumer
advocate
serving
immediately
prior
to
the
effective
3
date
of
this
Act
shall
terminate
on
the
effective
date
of
this
4
Act.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
office
of
the
consumer
advocate.
9
The
bill
changes
the
office
of
the
consumer
advocate
from
a
10
division
of
the
department
of
justice
to
an
independent
agency.
11
The
bill
requires
the
consumer
advocate
to
be
appointed
by
12
the
governor,
subject
to
confirmation
by
the
senate,
from
a
13
list
of
three
candidates
provided
by
a
committee
consisting
14
of
the
secretary
of
agriculture,
the
auditor
of
state,
and
15
the
treasurer
of
state.
The
consumer
advocate
shall
serve
a
16
term
of
five
years
and
shall
regularly
report
to
a
committee
17
consisting
of
the
secretary
of
agriculture,
the
auditor
of
18
state,
and
the
treasurer
of
state,
regarding
the
activities
19
of
the
consumer
advocate.
The
bill
makes
conforming
changes,
20
including
by
removing
the
authority
of
the
attorney
general
21
to
set
the
salary
of
the
consumer
advocate
and
employ
staff
22
to
support
the
office
of
the
consumer
advocate.
The
bill
23
terminates
the
term
of
office
of
the
person
serving
as
the
24
consumer
advocate
immediately
prior
to
the
effective
date
of
25
the
bill
on
the
effective
date
of
the
bill.
26
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